Hatrack River Writers Workshop: Quoting Songs

This is topic Quoting Songs in forum Open Discussions About Writing at Hatrack River Writers Workshop.

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Posted by Doc Brown (Member # 1118) on :

In the "Great Quotes" thread, Kathleen mentioned that song lyrics are a special case, that writers may not quote them without written permission.

Does anyone know of a source for more information on this topic? I would like to have specific details of the difference between song lyrics and other works.

I imagine that a writer who quoted an entire song within a novel would need permission. But is there some line that cannot be crossed?

For example, would I need written permission to have a character quip something like this: In the words of Frank Sinatra, "I did it my way . . ." ?

Posted by Kathleen Dalton Woodbury (Member # 59) on :

Well, Doc, from the stories I've heard, the answer would be a resounding "yes!"

I'll see what I can find about it, though, and post some urls here, at least.

Posted by Kathleen Dalton Woodbury (Member # 59) on :

By the way, because I think the answer's "yes," I'd be inclined to recommend that you either leave out the reference to Frank Sinatra, and hope people will get the allusion, or say something like "just as Frank Sinatra did it his way, I did it mine."

Posted by Kathleen Dalton Woodbury (Member # 59) on :

http://www.apra.com.au/Licence/OthPrint.htm

says that if you want to quote even a small part of song lyrics in a novel (or other piece of fiction) you have to contact the copyright owner of the song (which is usually ASCAP, not the song writer).

Nancy Kress says the same thing at

http://www.writeread.com/writeronline/archives/nancy9.htm

Check her answer to the third question.

I have sent email to ASCAP asking about quoting song lyrics and when I hear back, I'll put the information here.

Anyway, if you go to www.google.com and search on quoting + "song lyrics" or quote + "song lyrics" you'll find plenty of links on the subject.

Posted by Kathleen Dalton Woodbury (Member # 59) on :

Okay, here's another url that will take you to a page where a writer talks about quoting song lyrics, "fair use," lawsuits, and other relevant stuff:

http://aoir.org/pipermail/air-l/2001-May/000073.html

I strongly recommend you read what this writer has to say.

Posted by Doc Brown (Member # 1118) on :

Thank you very much, Kathleen.

This song is is a particularly interesting example, since it is such a useful (and often made) quote, and so closely associated with one artist. However, as I understand it "My Way" was actually written by Paul Anka.

Yet ASCAP holds the reigns here.

The concept is fascinating. This could be fuel for a farce . . .

Posted by Kathleen Dalton Woodbury (Member # 59) on :

This is from DWilkins@ascap.com

"In order to use the lyrics of copyrighted works, you must obtain permission from the copyright owner, usually represented by the publisher. We can supply publisher contact information on an individual song title. In order to provide this, we would need the title and at least one writer or a recording artist.

"The publisher information you seek is vailable at our website on the ASCAP Clearance Express. To reach this site click on ACE (http://www.ascap.com) on the first page and follow the prompts to the Data Base. This database will provide you the name/address/telephone number when available for ASCAP publishers listed. The ACE database includes works licensed through ASCAP.

"Simply click on the publisher(s) listed below the title, and the contact information will be displayed. All publishers must be contacted.

"The publisher will advise regarding permission and fees.

"If you are unable to determine which work you are interested in, please contact our Clearance Representative at 212-621-6160 for assistance."

I take the "to use the lyrics of copyrighted works" part to mean "to use any recognizable part of the lyrics of copyrighted works."

There just aren't enough words in lyrics to be able to apply "Fair Use."

Posted by Kathleen Dalton Woodbury (Member # 59) on :

Additional clarification:

"As far as I am aware, using just one line from a songs requires permission from the copyright owner."

Deanna Wilkins
General Licensing